Orders (including standard and unless orders)
Part 8 of the Simple Procedure Rules details the orders the sheriff uses to manage or decide a case. Orders may be given to the parties in writing, using the Order of the Sheriff Form (Form 8A). Orders may also be given to the parties in person at a hearing, case management discussion or discussion in court. Written orders must be signed or authenticated electronically by either the sheriff or the sheriff clerk.
The sheriff may give ‘standard orders’ in typical situations. The sheriff may give parties a standard order, give parties an amended version of a standard order, or give parties an order customised to their case.
The full list of standard orders can be found in Schedule 3 of the Simple Procedure Rules.
The sheriff may give a party an order which states that ‘unless’ that party does something or takes a step, the sheriff will make a decision in the case, including:
If that party does not do the thing or take the step that they were ordered to, the sheriff may make a decision in the case including:
•dismissing the claim or part of the claim;
•awarding the claimant some or all of what was asked for in the claim form.